3. ADVERTISE FOR BIDS FOR THE TRAFFIC CALMING PLANS FOR VICTORIA AVENUE, HIGHLAND DRIVE, NUEVA CASTILLA WAY, CIRCULO SEQUOIA AND CELINDA DRIVE (CIP PROJECT NO. 6070

[3. ADVERTISE FOR BIDS FOR THE TRAFFIC CALMING PLANS FOR VICTORIA AVENUE, HIGHLAND DRIVE, NUEVA CASTILLA WAY, CIRCULO SEQUOIA AND CELINDA DRIVE (CIP PROJECT NO. 6070]

SO ON ITEM NUMBER THREE, WE HAVE TWO COUNCIL MEMBERS WHO HAVE HAVE TO STEP OFF THE DAIS FOR THIS.

SO I'M GOING TO LEAVE IT IN THE COMPETENT HANDS OF MAYOR PRO TEM BHAT-PATEL.

BUT FIRST MS.. ACOSTA, WILL YOU PLEASE STATE YOUR CONFLICT?

[00:35:01]

YES. ON ITEM NUMBER THREE, I'M RECUSING MYSELF BECAUSE MY RESIDENCE IS ON ONE OF THESE STREETS.

IT'S WITHIN THE CONFLICT ZONE.

AND ON ITEM NUMBER THREE, I'M GOING TO RECUSE MYSELF FROM ONE OF THE OTHER STREETS, BECAUSE THAT'S WHERE MY DAUGHTER AND MY TWO GRANDCHILDREN LIVE.

AND MAYOR PRO TEM.

ALTHOUGH WE ARE DOWN TO THREE COUNCIL MEMBERS, THIS ITEM DOES REQUIRE AN AFFIRMATIVE VOTE OF ALL THREE OF YOU TO PASS.

ALL RIGHT. I THINK THEY ARE SECURED IN THE OTHER ROOM SO WE CAN GO AHEAD AND GET STARTED.

UH, I BELIEVE WE HAVE TWO SPEAKERS ON THIS ITEM, IS THAT CORRECT? ACTUALLY, WE HAVE FOUR NOW.

WE HAVE FOUR. OKAY. YEAH.

LET'S GO AHEAD AND START WITH THE SPEAKERS.

THANK YOU. MORE PLAYS, FOLLOWED BY CHRISTINE MARSHALL.

AND THANK YOU. I LIVE AT 3272 CYLINDA DRIVE AND I FOLLOWED THE PROCEEDINGS FOR INTRODUCING THE TRAFFIC CALMING PROCESS TO OUR STREET, AND I ATTENDED THE ORIGINAL FIRST LIVE MEETING WHERE THAT WAS DISCUSSED BY THE CITY TRAFFIC GROUP.

ALSO ATTENDED THE FOLLOW UP ZOOM MEETING, AND IN BOTH CASES I WAS VERY IMPRESSED THE TOWN DID, I THINK, A VERY GOOD JOB OF EXPLAINING IT.

THEY WERE VERY PROFESSIONAL AND AFTER SEEING A LOT OF TV REPORTS, LIVE TV NEWS ABOUT OTHER TOWNS WHERE RESIDENTS ARE TOTALLY SURPRISED BY WHAT THE CITY IS DOING TO THEM, TO THEIR STREETS, I WAS REALLY HAPPY WITH HOW CARLSBAD IS APPROACHING IT AND I THINK THEY DID A GREAT JOB.

I ALSO LISTENED IN ON THE FOLLOW UP MEETING THAT WAS PRESENTED TO THE COMMITTEE FOR APPROVAL.

AND THERE I WAS VERY DISAPPOINTED, YOU KNOW, AFTER HEARING COMMENTS FROM FROM THE CROWD, FROM THE FROM THE PEOPLE.

THERE WAS A DISCUSSION BETWEEN THE COMMITTEE MEMBERS AND THE STAFF ABOUT A COUPLE OF ISSUES.

ONE WAS IN THE CASE OF OUR STREETS, WE BELIEVE THAT THE RESULTS DIDN'T QUITE MEET THE CRITERIA THAT WAS OUTLINED BY THE BY THE CITY. THE CITY DID A NICE JOB OF SAYING, YOU KNOW, SO MANY CERTAIN PERCENTAGE OF THE PEOPLE NEEDED TO VOTE, A CERTAIN PERCENTAGE OF THE PEOPLE NEEDED TO VOTE IN FAVOR. AND IN OUR CASE, THE RESULTS WERE ROUNDED UP SO THAT THE MOTION WOULD PASS.

AND IN MY MIND, EFFECTIVELY, THE CITY CAST THE DECIDING VOTE.

IT'S NOT CLEAR TO ME THAT THAT'S APPROPRIATE PROCESS FOR SOMETHING THAT'S DESCRIBED AS A VOTE.

ALSO, THERE WERE QUESTIONS ABOUT DEADLINES.

AND AGAIN, WHEN COMMITTEE MEMBER ASKED THE STAFF ABOUT THAT, THE ANSWER WAS, WELL, WE WANT TO GET AS MUCH INPUT FROM THE STAFF, FROM THE FROM THE PEOPLE AS POSSIBLE. SO WE WOULD HAVE ACCEPTED AND DID ACCEPT COMMENTS AND VOTES AFTER THE DEADLINE, IN MY VIEW, A VOTE.

HAS IF FOR CALLING SOMETHING A VOTE.

IT WASN'T CALLED A STRAW POLL.

IT WASN'T CALLED ASKING FOR FEEDBACK.

IT WAS CALLED A VOTE.

AND THAT SITUATION, I THINK IT'S CRITICAL THAT THE TOWN FOLLOW THE RULES THAT THEY SET UP.

I REALIZE YOU HAVE THE AUTHORITY TO DO WHATEVER YOU WANT WITH STREETS, AND IF YOU DO WANT TO HAVE A DIFFERENT PROCESS, THEN THE WHOLE PROCESS SHOULD BE EXPLAINED TO PEOPLE UP FRONT, NOT SURPRISES AT THE END WITH.

STATEMENTS SAYING THAT WHILE YOU DIDN'T QUITE MEET THE CRITERIA, WE DECIDED TO GO AHEAD AND DO IT.

HI, MY NAME IS CHRISTINE MARSHALL.

I'M SORRY I DIDN'T GET TO MEET THE MAYOR.

I'M PRETTY MUCH GOING TO REPEAT WHAT MO SAID.

THE CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM, REVISED IN MAY OF 2011, SPECIFICALLY STATES THE PROCESS WITH WHICH TO DETERMINE THE MODIFICATIONS TO A NEIGHBORHOOD FOR TRAFFIC CALMING PURPOSES.

I READ THIS WHOLE THING, SO TOP OF PAGE NINE OF THE RTMP.

[00:40:01]

STEP FIVE DISCUSSES THE MAILING AND SUPPORT OF SURVEYS THE CITY MAILS THE SURVEYS, AND EITHER HOMEOWNERS OR RESIDENTS CAN RESPOND.

THE MINIMUM OF 50% MUST BE RETURNED, AND OF THOSE RETURNED, AT LEAST 67% MUST BE IN SUPPORT OF THE PROJECT IN ORDER FOR IT TO MOVE FORWARD. THE CITY STATED IN A LETTER THAT THEY SENT OUT 165 SURVEYS AND THAT THEY DID GET OVER 50% IN RETURN.

THE THING IS, IS THAT IT DID NOT MEET THE 67%, EVEN THOUGH AGAIN, AS MOE BROUGHT UP, THEY EVEN WENT BEYOND THE THE DEADLINE DATE THAT IT WAS SUPPOSED TO COME BACK.

THE SURVEY ITSELF STATED, AND I DON'T WANT TO TAKE US DOWN ANOTHER PATH, BUT IT STATES THE RESIDENTS, IT'S IN QUOTES.

AS A RESIDENT OR A PROPERTY OWNER, INDICATE THE SUPPORT OR OPPOSITION TO THE CYLINDER DRIVE TRAFFIC CALMING PLAN BY CHECKING THE APPROPRIATE BOX.

YES OR NO. BUT THEN AT THE VERY END IT SAYS PLEASE RETURN THE COMPLETED ENCLOSED ENVELOPE BY FRIDAY, APRIL 7TH, 2023.

FRIDAY, APRIL 20TH OR FRIDAY, APRIL 7TH, 2023 WAS IN RED INK.

IT WAS JUST IT WAS SO OBVIOUS.

SO REGARDLESS OF THEM EVEN GOING BEYOND, THEY DID NOT MEET THE 67% THRESHOLD.

I'D JUST SAY IN THE FUNDAMENTAL RULE OF FAIRNESS, IT JUST SAYS TO ME THAT YOU HAVE TO GO BY THE GUIDELINES THAT YOU GUYS SET.

IT WAS EVEN REVISED, LIKE I SAID, IN 2011.

SO WE JUST NEED TO KNOW IF THIS GOES FORWARD.

THAT'S FINE. IF OUR COMMUNITY WANTS THIS, IT JUST IT JUST DID NOT MEET THE SUPPORT OF THE WHOLE COMMUNITY.

I MEAN, NOT EVEN THE 67% OF A LITTLE OVER 50% OF THE NEIGHBORHOOD, IF THEY WANTED TO MAKE IT 50%, HALF THE NEIGHBORHOOD, 25%, BUT THEY SET IT AT 67% OF THOSE RETURNED ANYWAY, THAT'S ALL I HAVE TO SAY.

OH. I'M SORRY.

I HAVE 47 SECONDS.

THE ONE THING THAT I DIDN'T LIKE IS WHEN THEY VOTED ON IT.

THEY THREW FIVE COMMUNITIES IN TOGETHER.

THE OTHER ONES HAD 75% APPROVAL.

I MEAN, IT WAS HUGE.

OURS DIDN'T EVEN MEET THE MINIMUM CRITERIA, YET THEY VOTED ON ALL 5 IN 1 VOTE.

AND THAT'S HOW WE GOT TO THIS STEP.

SO. WOLF MARSHALL, FOLLOWED BY PETER KONOPACK.

NEED TO ADDRESS THIS BODY.

I APPRECIATE YOUR TIME AND YOUR EFFORTS AND ALL OF YOUR ATTENTION YOU'VE GIVEN US.

I WOULD LIKE TO SAY THAT IN THE AGAIN, IN THE INTEREST OF FAIRNESS, THAT WE ABIDE BY THE RULES THAT THIS BODY HAS SET UP, AND WE WANT TO FEEL LIKE WE CAN RELY AS MEMBERS OF THE COMMUNITY, AS CITIZENS, ON THE RULES OF THE PEOPLE THAT HAVE STRUCTURED THE SOCIAL ORGANIZATION WE'RE IN.

SO I WOULD LIKE YOU TO ABIDE BY THE RULES THAT YOU SET UP.

OTHERWISE, LET US KNOW THAT THOSE RULES ARE FLEXIBLE AND THAT WE HAVE ROOM TO PLAY AROUND IN WHICH I THINK IN MANY CASES GIVES US A LITTLE BIT OF A HAPHAZARD SOCIETY. BUT I WOULD LIKE TO PLEASE, LET'S ABIDE BY THE RULES THAT WE SET UP.

AND IF IT REQUIRES THAT WE DO ANOTHER REASSESSMENT OF THE PROJECT AND IT COMES OUT TO MY DISFAVOR, I'M FINE WITH THAT.

I JUST WANT TO KNOW THAT IT WAS DONE FAIRLY AND CONDUCTED PROPERLY.

SO I THANK YOU VERY MUCH FOR YOUR TIME, AND WE'LL KEEP IT SIMPLE AND SUCCINCT.

AND I WANT TO GIVE YOU YOUR SPACE HERE TO ENJOY.

THANK YOU.

GOOD EVENING. MY NAME IS PETER KONOPACK, I LIVE AT 3371 SALINA, AND I WOULD LIKE TO SAY THAT IT'S ONE OF THE MAJOR PROPONENTS OF THE TRAFFIC CALMING MOVEMENT ON OUR STREET HAS MOVED AWAY.

AND THIS PERSON, VERY NICE LADY, BUT SHE WAS VERY ACTIVE IN GETTING PEOPLE TO VOTE.

BUT NOW THAT SHE'S NOT, YOU KNOW, SHE'S NO LONGER IN THE NEIGHBORHOOD.

WELL, I DON'T I'M NOT SURE THAT IT'S.

I DON'T QUITE KNOW HOW TO PUT THIS.

IN ANY EVENT, I DON'T THINK THE NEIGHBORHOOD IS QUITE BEHIND IT AS IT USED TO BE.

ALSO, I'VE NOTICED THAT TRAFFIC CALMING HAS PEOPLE THAT THE RESIDENTS HAVE SLOWED DOWN CONSIDERABLY.

IT'S NOT. IT'S NOT AS AS DIRE A SITUATION AS IT WAS EARLIER.

THE NEIGHBORHOOD HAS DECIDED THAT, YOU KNOW, MAYBE WE WERE GOING A LITTLE TOO FAST.

AND SO PEOPLE HAVE SLOWED, SLOWED DOWN CONSIDERABLY.

SO I WOULD LIKE TO REQUEST THAT IF THERE IS ANY, THAT WE DON'T GO AHEAD AND DO WITH THIS.

I KNOW IT'S PROBABLY TOO LATE FOR THIS REQUEST, BUT I JUST I DON'T THINK IT'S NECESSARY AT THIS TIME.

SO THANK YOU VERY MUCH.

[00:45:03]

THOSE ARE ALL THE SPEAKERS.

THAT CONCLUDES OUR SPEAKERS.

GREAT. THANK YOU. ANY QUESTIONS FROM MY FELLOW COLLEAGUES? YEAH, I'D LOVE TO HAVE.

YES, MELANIE.

GO AHEAD. THANK YOU. I'D LOVE TO HAVE YOU GUYS COME UP AND LET'S ADDRESS SOME OF THESE CONCERNS.

SO LINDA IS IN DISTRICT ONE.

SO AND I DID SEE SOME EMAILS COME IN ABOUT IT.

AND I KNOW WE TALKED ABOUT IT IN BRIEFING, BUT JUST LET'S JUST GET IT OUT AND ANSWER SOME QUESTIONS RELATIVE TO THE SURVEY THAT WAS SENT OUT.

AND WE GOT BACK A 66.7% RETURN OR SOMETHING LIKE THAT, AND THEN YOU EXTENDED THE DATE.

SO JUST EXPLAIN THAT AND HOW YOU CAME TO DETERMINE THAT IT WAS 70% APPROVAL INSTEAD OF THAT.

AND THEN IF YOU COULD START BY INTRODUCING BOTH OF YOU INTRODUCING YOURSELVES.

THANK YOU. YEAH. ABSOLUTELY, SIR.

AND COUNCIL, MY NAME IS TOM FRANK.

I'M TRANSPORTATION DIRECTOR AND CITY ENGINEER.

AND BESIDE ME IS MR. JOHN KIM. HE'S OUR CITY TRAFFIC ENGINEER.

AND WOULD YOU LIKE A SHORT PRESENTATION ON THE SUBJECT OR JUST TO ANSWER YOUR QUESTIONS, IF THE COUNCIL IS OPEN TO A PRESENTATION, I THINK THAT'S FINE.

OKAY. MR. KIM WILL PROCEED WITH THE SHORT PRESENTATION.

GREAT. THANK YOU.

AND BEFORE YOU START, JUST BRIEFLY, I'M ASSUMING YOU'LL GO THROUGH THE PROCESS DURING THIS PRESENTATION.

THAT IS CORRECT. GREAT. THANK YOU.

GOOD EVENING. AS MR. FRANK SAID, I'M JOHN KIM, THE CITY TRAFFIC ENGINEER, AND I'LL BE PRESENTING A SHORT PRESENTATION ON THIS ITEM.

AUTHORIZING BIDS FOR TRAFFIC CALMING ON FIVE STREETS IN CARLSBAD, INCLUDING VICTORIA AVENUE, HIGHLAND DRIVE, NUEVA CASTILLO WAY, CIRCULO SEQUOIA AND CYLINDA DRIVE.

TRAFFIC CALMING ON RESIDENTIAL STREETS IS ADDRESSED USING THE CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM, WHICH WE CALL THE CR TMP.

IT WAS INITIALLY ADOPTED IN 2001 AND REVISED IN 2011.

IT ESTABLISHES THE PROCESS THAT WE USE TO CONSIDER AND IMPLEMENT TRAFFIC CALMING ON RESIDENTIAL STREETS.

STAFF HAS COLLABORATED WITH THE FIVE AFOREMENTIONED COMMUNITIES, PER THE GUIDELINES ESTABLISHED IN THE CTMP TO CONSIDER TRAFFIC CALMING ON THESE STREETS.

LOCALLY, WE HAVE HIGHLAND DRIVE, SILINDA DRIVE AND VICTORIA AVENUE, LOCATED IN THE NORTH PART OF THE CITY, AND NUEVA COSTILLA AND CIRCULO SEQUOYAH LOCATED TO THE SOUTH.

THESE FIVE STREETS MET THE PROGRAM CRITERIA FOR DEVELOPMENT AND IMPLEMENTATION OF A TRAFFIC CALMING PLAN CONSISTING OF SPEED CUSHIONS AND OTHER COST EFFECTIVE TRAFFIC CALMING MEASURES.

THE CRITERIA USED IS A MEASURED CRITICAL SPEED OF 32MPH OR HIGHER.

PROJECT DEVELOPMENT PROCESS INCLUDED NEIGHBORHOOD MEETINGS CONDUCTED BY STAFF TO LISTEN TO RESIDENT CONCERNS, EDUCATE THE RESIDENTS ON DIFFERENT TRAFFIC CALMING STRATEGIES AND FEATURES, AND TO SELECT A PREFERRED TRAFFIC CALMING PLAN INDIVIDUALLY SUITED TO EACH STREET.

AS YOU CAN SEE, THE PREFERRED TRAFFIC CALMING PLANS FOR THESE FIVE NEIGHBORHOODS UTILIZE SPEED CUSHIONS, WHICH VARY IN NUMBER BASED ON THE LENGTH OF THE STREET.

TWO MEETINGS WERE HELD FOR SILINDA DRIVE TO ADDRESS RESIDENT CONCERNS REGARDING THE NUMBER OF SPEED CUSHIONS INITIALLY PROPOSED.

ONCE A PREFERRED TRAFFIC CALMING PLAN IS FINALIZED.

COMMUNITY SUPPORT FOR THAT PLAN IS MEASURED USING A MAIL SURVEY.

RTMP REQUIRES THAT REQUIRES A 50% RETURN OF THE MAILED SURVEYS, AND A SUPPORT RATE OF 67% OF RETURNED SURVEYS.

ALL OF THE SUBJECT STREETS, IN STAFF'S OPINION, MET THE SUPPORT REQUIREMENTS PER THE PROGRAM.

AT ITS JUNE 5TH MEETING, THE TRAFFIC AND MOBILITY COMMISSION VOTED UNANIMOUSLY, UNANIMOUSLY TO SUPPORT STAFF'S RECOMMENDATION FOR TRAFFIC CALMING ON THESE FIVE STREETS, AND THE PROJECT PLAN SPECIFICATIONS AND CONTRACT DOCUMENTS HAVE BEEN FINALIZED.

UPON CITY COUNCIL APPROVAL, THE CITY CLERK WILL ADVERTISE A REQUEST FOR CONSTRUCTION BIDS TO BUILD THE PROJECT.

STAFF WILL THEN RETURN TO CITY COUNCIL, WITH A RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO THE LOWEST, RESPONSIVE AND RESPONSIBLE BIDDER.

[00:50:06]

CONSTRUCTION IS EXPECTED TO BEGIN BY SPRING OF 2024.

SO TO SUMMARIZE, STAFF IS REQUESTING THAT CITY COUNCIL ADOPT A RESOLUTION APPROVING THE PLAN SPECIFICATIONS AND CONTRACT DOCUMENTS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR IMPLEMENTING THE TRAFFIC CALMING PLANS FOR VICTORIA AVENUE, HIGHLAND DRIVE, NUEVO CASTILLO WAY, CIRCULO SEQUOIA AND CYLINDA DRIVE.

THAT CONCLUDES THE PRESENTATION AND WE WOULD BE HAPPY TO ANSWER ANY FURTHER QUESTIONS.

GREAT. THANK YOU. YEAH.

GO AHEAD. MR.. AND COUNCIL MEMBERS, WE DO ACKNOWLEDGE THAT WE DID RECEIVE PUBLIC WRITTEN COMMENT ON THIS ITEM.

AND THE QUESTION AT BAY IN THAT PUBLIC COMMENT WAS ON SOLYNDRA.

THE ACTUAL PERCENTAGE FOR THE APPROVAL RATING WAS 66.67%.

AND SO IT'S OUR PRACTICE TO ROUND UP TO THE NEAREST WHOLE NUMBER.

SO THAT WAS SAYING THAT WE DID NOT MEET THAT 67%.

OF COURSE, WE HEARD THE ADDITIONAL PUBLIC COMMENT TODAY.

SO AGAIN, WE DO ALSO HAVE FLEXIBILITY.

WE ARE RECOMMENDING THE APPROVAL OF ALL THE STREETS WHICH ARE INCLUDED IN THE STAFF REPORT.

WE DO HAVE THE ABILITY TO APPROVE THE EXACTLY THE INDIVIDUAL STREETS, IF THAT'S WHAT YOUR DIRECTION IS TONIGHT.

YEAH, THAT WOULD BE MY DIRECTION.

CAN YOU JUST WAIT UNTIL I CALL ON YOU SO WE CAN MAINTAIN DECORUM? THANK YOU. WE'LL GO AHEAD AND START WITH COUNCILMEMBER LUNA ON QUESTIONS.

I'M TAKING A LOOK AT THE MINUTES HERE AND THEY PRETTY MUCH THAT'S IT IN A NUTSHELL.

IT CAME IN AT 66.7 AND YOU ROUND IT UP TO 67.

AND I'LL GO AHEAD.

AND I WOULD PREFER THAT THE STREETS BE PULLED OUT SEPARATELY FOR MATTERS LIKE THIS.

I MEAN, THIS IS A LINER.

I MEAN IN FOOTBALL, I DON'T KNOW, IT MIGHT BE CALLED BACK.

SO I WILL GO AHEAD AND DEFER TO MY COLLEAGUE.

IT IS IN HER DISTRICT AND 66.67 TO ME IS NOT 67.

BUT I'LL GO AHEAD AND DEFER TO YOU COUNCIL MEMBER BURKE.

OKAY. AND THEN MOVING ON TO COUNCIL MEMBER BURKHOLDER.

YEAH, I THINK THANK YOU.

I THINK THAT IT MAKES SENSE TO DO THESE SEPARATELY.

THERE THEY ARE IN THE NORTH AND THE SOUTH PART OF THE CITY JUST TO BEGIN WITH.

BUT I'M CURIOUS, AS THE RAW NUMBERS AND THE REPORT THAT YOU JUST GAVE SAID 50% RETURN RATE, HOW MANY DID THAT EQUATE TO? SO FOR CYLINDER DRIVE, WE HAD 165 TOTAL SURVEYS MAILED OUT IN THE 96 RETURNED.

OKAY. AND THEN AFTER THE RETURN DATE, AFTER THE CUT OFF DATE, HOW MANY DID YOU RECEIVE AFTER THIS IS TOTAL.

SO YOU DON'T KNOW HOW MANY YOU RECEIVED AFTER? YES. WE JUST CONSIDERED ALL OF THEM ACCEPTABLE.

AS WE MENTIONED AT THE TRAFFIC AND MOBILITY COMMISSION, WE CONSIDER THIS A SURVEY, NOT A VOTE.

A DATE IS PUT ON THAT SURVEY TO ENCOURAGE PEOPLE TO TURN IT IN.

AND SO WE ACCEPTED ANY SURVEYS ACCEPTED PRIOR TO THAT TRAFFIC AND MOBILITY COMMISSION DATE OKAY.

THANK YOU. I JUST THINK THAT'S IMPORTANT TOO.

AND I AGREE WITH MY COLLEAGUE.

66.67 ISN'T REALLY 70.

AND I DON'T THINK IT WAS, AS I HEARD FROM THE PUBLIC INDICATED ANYWHERE THAT YOU HAVE A PRACTICE OF ROUNDING UP.

SO THAT'S WHERE WE ARE.

WE IT'S NOT 70 THE PROGRAM I'M SORRY 67 SORRY.

I DON'T KNOW WHY I HAVE 70 STUCK IN MY HEAD.

YEAH. SO ANYWAY, I THINK THAT'S KIND OF THE POINT OF CONTENTION.

SO YEAH, IF WE COULD JUST TAKE THESE SEPARATELY, THAT WOULD BE GREAT.

YES. TOTALLY FINE TAKING THEM SEPARATELY.

I'M FINE WITH THAT. JUST A FEW QUESTIONS AND THEN HAPPY TO START WITH SOME MOTIONS.

SO THE 67%.

I JUST QUICKLY DID IT ON MY CALCULATOR.

I WAS JUST CURIOUS, CAN YOU TELL ME WHAT 67% OF 96 IS? AND I CAN. I CAN TELL YOU WHAT IT WAS.

IF YOU WANT ME TO, YOU TELL ME WHAT? WELL, I CAN TELL YOU IT WOULD BE 65IN SUPPORT BECAUSE I DID THE MATH AS WELL BEFORE THE MEETING.

AND THE 64 WAS THE NUMBER THAT WAS JUST SHY OF THAT.

OKAY. YEAH. OKAY.

YEAH. WHEN I DO A STRICT 67% OF 96, I GOT 64.32.

RIGHT. SO I WAS JUST CURIOUS WHERE THAT ROUNDING ENDED UP HAPPENING WITH REGARDS TO.

SO JUST SO THAT WE CAN ALL BE CLEAR ON YEAH, EXACTLY WHAT THE METRIC EXCEED THAT NUMBER.

YOU'D HAVE TO HAVE ONE MORE VOTE.

SO IT COULD HAVE BEEN 65 INSTEAD OF THE 64 RECEIVED.

YEAH OKAY OKAY.

PERFECT. AND THEN.

[00:55:03]

FOR. LET'S SEE HERE.

I KNOW FOLKS MENTIONED IN THEIR COMMENTS THAT WE WENT BEYOND THE SURVEY DATE.

I'M ASSUMING THE ONES THAT ARE COUNTED HERE ARE THE ONES THAT WERE DURING THE SURVEY PERIOD.

IT WAS ACTUALLY ALL OF THE BALLOTS OR THE I WOULDN'T CALL THEM BALLOTS.

THE SURVEY RESPONSES RECEIVED.

SO I'M NOT.

THIS IS A TOTAL OF THE SURVEY RESULTS RECEIVED PRIOR TO THAT TRAFFIC AND MOBILITY COMMISSION DATE.

AND I GUESS, YEAH.

SO IT DOES GO PAST THE SURVEY DATE THAT WAS INDICATED.

IT DOES. OKAY.

OKAY, WELL, I THINK THOSE ARE ALL MY QUESTIONS.

ANY COMMENTS FROM OUR COLLEAGUES? AND I'LL START WITH COUNCIL MEMBER LUNA.

NO COMMENTS. NO.

I WOULD JUST ASK IF COUNCIL COULD HELP US WITH MOTIONS ON THESE INDIVIDUAL ONES.

GREAT. AND THEN COUNCIL MEMBER BURKHOLDER YEAH, MY ONLY COMMENT IS, YOU KNOW, THANK YOU FOR YOUR GUYS'S WORK ON THE CYLINDER PROJECT.

AS I UNDERSTAND IT, IT WAS ORIGINALLY THE TEN SPEED.

WHAT'S THE WORD I'M LOOKING FOR? CUSHIONS AND IT WAS REDUCED TO FIVE, BUT IT DOES STILL SOUND LIKE THAT PARTICULAR STREET HAS SOME POINT OF CONTENTION, WHICH I CAN AGREE WITH AND RESPECT.

SO THANK YOU FOR THAT PART OF IT.

AND LET'S JUST MOVE FORWARD AND VOTE ON THESE AS INDIVIDUAL ITEMS. OKAY. AND COUNCIL MEMBERS, ONE SUGGESTION IS IF AT YOUR PLEASURE, ONE OPTION WOULD BE ON CYLINDER FOR US TO GO BACK OUT AND RE SURVEY THAT COMMUNITY AND THEN BRING BACK THOSE SURVEY RESULTS TO YOU.

SO WE DON'T HAVE TO GO THROUGH THAT ENTIRE PROCESS AGAIN FOR THAT STREET.

IF THAT'S WHAT YOU'D PREFER.

I'D BE COMFORTABLE WITH THAT.

I'LL LOOK TO COUNCILMEMBER BURKHOLDER AS WELL SINCE IT'S IN HER DISTRICT.

YEAH. THANK YOU. I BELIEVE THAT WOULD BE THE APPROPRIATE NEXT, NEXT STEP.

THANK YOU. GREAT.

THANK YOU. AND IT SOUNDS SOUNDS LIKE OUR CITY ATTORNEY WOULD LIKE TO SAY SOMETHING.

WELL, IF YOU WANT ME TO SUGGEST SOME MOTIONS.

SO A POSSIBLE MOTION, SINCE LINDA DRIVE IS THE ONLY ONE THAT SEEMS TO BE OF CONTROVERSY, IS TO ADOPT A RESOLUTION APPROVING ADOPT THE RESOLUTION IN EXHIBIT ONE, EXCEPT FOR CYLINDER DRIVE.

AND THEN WE CAN EXCISE THAT FROM THE FINAL RESOLUTION THAT'S SIGNED.

AND THEN FOR CYLINDER DRIVE, YOUR OPTIONS ARE TO ADOPT TO TURN DOWN OR TO REFER TO STAFF.

OKAY. AND THAT CAN JUST BE BY A BY A MOTION.

SO SO MOVED ON THE FIRST PART OF YOUR STATEMENT THAT YOU SAID WITH REGARDS TO VICTORIA AVENUE, HIGHLAND DRIVE, NUEVA CASTILLA AND CIRCULO SEQUOIA . SECOND.

OKAY. AND THAT PASSES THREE WITH TWO RECUSED.

AND THEN WE HAVE CYLINDER DRIVE AND COUNCIL MEMBER BURKHOLDER WOULD YOU LIKE TO MAKE THAT MOTION.

SO YEAH, WE WILL REMOVE IT FROM THIS RESOLUTION AND ASK STAFF TO GO BACK TO RESURVEY THE RESIDENTS ON SILINDA AND BRING BACK TO US WHAT HAPPENS AS A RESULT.

IS THAT CLEAR FOR YOU ALL? I JUST WANTED TO CLARIFY. YOU WANT IT BROUGHT BACK IF THAT 67% THRESHOLD IS MET.

YES. OKAY, GREAT.

THANK YOU. SECOND.

THAT PASSES AS WELL.

THREE UNANIMOUSLY AND THEN TWO, OF COURSE, RECUSED WITH BLACKBURN AND ACOSTA RECUSED.

AND WITH THAT, WE'LL INVITE BACK THE MAYOR AND THE COUNCIL MEMBER FOR ITEM NUMBER FOUR.

THANK YOU. AND THANK YOU TO THE SPEAKERS FOR SHOWING UP.

WE APPRECIATE IT.

NEXT ON THE AGENDA IS ITEM NUMBER FOUR.

CITY MANAGER, WOULD YOU INTRODUCE THAT PLEASE? GREAT. THANK YOU SO MUCH.

[4. ALLOWANCES FOR NON-STOREFRONT RETAIL MEDICINAL CANNABIS DELIVERY SERVICE BUSINESSES CONSISTENT WITH THE MEDICINAL CANNABIS PATIENTS’ RIGHTS TO ACCESS ACT]

ITEM NUMBER FOUR IS ALLOWANCES FOR NON STOREFRONT RETAIL MEDICINAL CANNABIS DELIVERY SERVICE BUSINESSES CONSISTENT WITH THE MEDICINAL CANNABIS PATIENTS RIGHTS TO ACCESS ACT.

MAKING OUR PRESENTATION TODAY IS OUR COMMUNITY DEVELOPMENT DIRECTOR JEFF MURPHY ALONG WITH POLICE CAPTAIN JEFFREY SMITH.

GENTLEMEN, THANK YOU, MR. CITY MANAGER, AND GOOD EVENING, MAYOR AND COUNCIL, JUST FOR THE BENEFIT OF THE PUBLIC.

MY NAME IS JEFF MURPHY, COMMUNITY DEVELOPMENT DIRECTOR.

AND TO MY RIGHT IS JEFF SMITH, CAPTAIN OF THE CARLSBAD POLICE DEPARTMENT.

SO THE THE ACTION BEFORE THE CITY COUNCIL THIS EVENING IS A REQUEST TO INTRODUCE AN ORDINANCE TO ALLOW MEDICINAL CANNABIS CANNABIS DELIVERY BUSINESSES IN THE CITY, AS

[01:00:04]

REQUIRED UNDER THE PATIENT'S RIGHT TO ACCESS ACT, WHICH WE MORE COMMONLY REFER TO AS SENATE BILL SB 1186.

SO A LITTLE BACKGROUND ON THIS BILL.

SINCE 2017, JURISDICTIONS HAVE BEEN ALLOWED TO PROHIBIT ALL ASPECTS OF COMMERCIAL CANNABIS ACTIVITIES.

THAT'S CULTIVATION.

THAT'S DELIVERIES. THAT'S RETAIL SALES TESTING.

CARLSBAD HAS BEEN ONE OF THOSE JURISDICTIONS THAT HAVE PROHIBITED BOTH MEDICINAL AND RECREATIONAL CANNABIS LAST YEAR.

SB 1186 WAS ADOPTED BASED ON THE PREMISE THAT THESE BANS HAVE CREATED SERIOUS BARRIERS THAT PREVENT ACCESS TO MEDICINAL CANNABIS IN CALIFORNIA AND THE STATE.

DECISION IN 2017 TO GRANT CITIES LOCAL CONTROL TO BAN MEDICINAL CANNABIS UNDERMINED THE VOTER'S INTENT WHEN THEY APPROVED PROPOSITION 215 BACK IN 1996. IF YOU RECALL, TO PROP 215 WAS THE FIRST BILL THAT I MEAN, THE FIRST PROPOSITION THAT ALLOWS FOR MEDICINAL MARIJUANA USE.

SO BEGINNING IN JANUARY 2024, SB 1186 WILL PROHIBIT CITIES FROM ADOPTING OR ENFORCING ANY REGULATION THAT PROHIBITS OR HAS THE EFFECT OF PROHIBITING THE RETAIL SALE OF BY DELIVERY OF MEDICINAL CANNABIS.

HOWEVER, CITIES ARE ALLOWED TO DEVELOP AND IMPOSE REASONABLE REGULATIONS, WHICH WE ARE BRINGING FORWARD FOR YOUR CONSIDERATION CONSIDERATION THIS EVENING.

SO OUR APPROACH TO DEVELOP THE CODE WAS THREEFOLD.

WE FIRST STRIVE TO BALANCE THE STATE'S MANDATE WITH THE LOCAL HEALTH AND SAFETY CONCERNS.

WE ALSO WANTED TO UTILIZE, TO THE EXTENT WE COULD, EXISTING PERMITTING PROCESSES AND PROCEDURES.

WE SIMPLY JUST DIDN'T WANT TO REINVENT THE WHEEL FOR THIS, THIS ASSIGNMENT.

LASTLY, WE WANTED TO DEVELOP A PROCESS THAT RELIED ON APPROPRIATE EXPERTISE WHEN REVIEWING AND APPROVING APPLICATIONS.

SO THE FIRST SET OF STANDARDS IMPOSED ON THESE DELIVERY BUSINESSES IS THEIR LOCATION.

DELIVERY BUSINESSES SHALL BE CONSIDERED STORAGE, WHOLESALE AND DISTRIBUTION FACILITIES AS WE USE IT IN OUR ZONING CODE, WHICH ARE PERMITTED USES IN THE PLANNED INDUSTRIAL ZONE, WHICH WE REFER TO AS THE PM ZONE.

ALSO, DELIVERY BUSINESSES MUST BE LOCATED AT LEAST 1000FT FROM SENSITIVE RECEPTORS.

WE REFER TO RECEPTORS SUCH AS RESIDENTIAL HOMES, PUBLIC OR PRIVATE SCHOOLS, DAYCARE CENTERS, CHURCHES, PUBLIC PARKS, AND OTHER CANNABIS DELIVERY FACILITIES. WITH THESE STANDARDS IN PLACE, ONLY THOSE AREAS SHOWN IN BLUE ON IN THE IMAGE TO THE LEFT ARE ALLOWED TO HAVE DELIVERY FACILITIES.

UNDERSTANDING THIS IS A LITTLE BIT HARD TO TO TO SEE.

I'VE BLOWN UP THAT AREA IN THE CITY WHERE WHERE THEY WILL BE LOCATED.

SO STARTING ON THE LEFT SIDE OF THE MAP, THERE IS A SMALL SECTION OF INDUSTRIAL ZONE SPOTS BY EL PALOMAR AIRPORT ROAD AND AVENIDA AND CETUS THAT WOULD BE ELIGIBLE FOR A DELIVERY CENTER TRAVELING EASTBOUND ON PALOMAR AIRPORT.

WHEN YOU GET TO CALL IT.

BETWEEN COLLEGE AND EL CAMINO REAL BY THE AIRPORT, YOU SEE A NUMBER OF OTHER INDUSTRIAL SITES.

THOSE WOULD BE ELIGIBLE FOR DELIVERY CENTERS.

AND THEN LASTLY IS THE AREA TO AT THE EAST END OF PALOMAR AIRPORT, KIND OF PARALLEL WITH FARADAY AS A NUMBER OF OTHER INDUSTRIAL SPOTS THAT WILL BE ELIGIBLE FOR FOR THESE BUSINESSES.

THERE ARE SEVERAL OPERATIONAL STANDARDS THAT ARE BEING PROPOSED.

THE MORE NOTABLE ONES ARE LOCATED HERE ON THIS PARTICULAR SLIDE.

ONE OF THE BIGGEST IS STRUCTURES MAY NOT EXCEED THREE 3000FT² IN SIZE.

NO MARKINGS OF CANNABIS ON BUILDINGS OR VEHICLES WILL BE ALLOWED.

BECAUSE THIS IS A IS FOR MEDICINAL PURPOSES AND A MEDICAL CARD IS REQUIRED TO RECEIVE A DELIVERY, PHYSICIANS ARE PROHIBITED FROM EVALUATING PATIENTS ON SITE.

ON SITE RETAIL IS STRICTLY PROHIBITED AND CUSTOMERS ARE PROHIBITED FROM PICKING UP MEDICINAL PRODUCTS ON SITE.

LASTLY, DELIVERIES CAN ONLY BE MADE TO THE RECIPIENT'S RESIDENCE.

NO DROP OFFS AT PARKS, SCHOOLS OR PLACES OF BUSINESS ARE GOING TO BE ALLOWED.

DRAFT APPLICATION FORMS AND STANDARD CONDITIONS OF APPROVAL HAVE BEEN PREPARED AND ARE INCLUDED IN YOUR STAFF REPORT FOR INFORMATIONAL PURPOSES ONLY.

GIVEN THE REQUIRED BACKGROUND CHECKS, OUR PERMIT REVIEW PROCESS WILL FOLLOW OUR REVIEW PROCESS THAT ARE IN PLACE FOR OTHER LICENSES LIKE ENTERTAINMENT AND MASSAGE LICENSES.

COMMUNITY DEVELOPMENT WILL ACCEPT THE APPLICATION AND CONFIRM THAT THE LAND USE STANDARDS ARE BEING MET.

AND ONCE THAT HAS BEEN DETERMINED, WE WILL KICK THE APPLICATION OVER TO THE POLICE DEPARTMENT WHO WILL START THEIR BACKGROUND CHECKS.

ONCE FOUND IN COMPLIANCE, A LICENSE WILL BE ISSUED AND THE LICENSE IS ONLY VALID FOR ONE YEAR.

SO IN CLOSING, THE PROPOSED CODE AMENDMENTS AND PERMIT PROCESSING PROCEDURES ACHIEVE THE BALANCE WE TARGETED WHERE THE CITY WILL BE IN COMPLIANCE WITH STATE LAW.

BUT MEASURES ARE BEING PUT INTO PLACE TO HELP PROTECT NOTED HEALTH AND SAFETY CONCERNS.

[01:05:02]

WITH THAT, THAT CONCLUDES OUR PRESENTATION AND WE ARE AVAILABLE TO ANSWER ANY QUESTIONS.

DO WE HAVE ANY SPEAKERS? YES, WE HAVE ONE SPEAKER, JOHN BYRUM.

MAYOR AND CITY COUNCIL.

MY NAME IS JOHN BYRUM AND I'M FROM VISTA COMMUNITY CLINICS, PREVENTION ALCOHOL AND DRUG PROGRAMS, AND NORTH COASTAL PREVENTION COALITION.

SINCE YOU GUYS KIND OF HAVE TO DO THIS RIGHT, IT LOOKED LIKE STAFF DID A WONDERFUL JOB ON THE RESOLUTIONS UP THERE.

BUT I WANT TO TELL YOU A LITTLE HISTORY.

OCEANSIDE DID THIS ABOUT FIVE YEARS AGO.

THEY HAD ONE APPLICANT FROM ORANGE COUNTY WHO CAME IN.

THEY ENDED UP DROPPING OUT.

THEY ENDED UP GIVING UP THEIR LICENSE AND ANOTHER ONE CAME IN.

NOW THESE FOLKS ACTUALLY DELIVER TO CARLSBAD AND DELIVER ALL OVER NORTH COUNTY.

THEY CAME BACK.

TO CITY COUNCIL AND SAID, WE CAN'T MAKE IT UNLESS YOU MAKE IT RECREATIONAL.

WE NEED RECREATIONAL DELIVERIES TOO.

SO THEY GOT THAT.

I DROVE BY THE PLACE TODAY ON MISSION COMING HERE, AND I SMELLED MARIJUANA FROM MISSION AVENUE DRIVING UP THE HILL.

IT. IT.

I DO HAVE A CONVERTIBLE, SO THAT MIGHT PLAY INTO IT, BUT TODAY IN SAN DIEGO COUNTY, WE'RE HAVING 40 INDIVIDUALS GO INTO EMERGENCY ROOMS WITH MARIJUANA OVERDOSES, PSYCHOSIS, CYCLICAL VOMITING SYNDROME.

WE HAVE 39% OF.

OF INDIVIDUALS 25 AND UNDER THAT SUCCESSFULLY COMMITTED SUICIDE.

ALL HAD MARIJUANA IN THEIR SYSTEM.

SO A LOT OF THE TIMES WHEN THEY TALK ABOUT MEDICAL MARIJUANA, AND I KNOW YOU GUYS ARE GOING TO HAVE TO DO THIS, BUT THEY'RE GOING TO COME BACK TO YOU.

THEY'RE GOING TO COME BACK AND SAY, WE NEED RECREATIONAL.

THEY'RE GOING TO COME BACK.

OCEANSIDE IS NOW LOOKING AT AT STOREFRONTS.

BUT THEY'RE GOING TO KEEP COMING BACK.

NOT TO MENTION ILLEGAL DELIVERY SERVICES.

THERE IS NOBODY IN CALIFORNIA WHO DOES DECOY OPERATIONS ON DELIVERY SERVICES, SO THEY KNOW AND THEY CAN DELIVER TO YOUNG PEOPLE.

WE HAVE THAT HAPPENING ALL THE TIME.

THESE ILLEGAL? I'VE TRIED FOR EIGHT YEARS TO GET A DECOY OPERATION IN SOME JURISDICTION AND HAVE NOT BEEN ABLE TO DO IT.

SO I JUST WANTED TO THROW THOSE THINGS OUT AND THANK YOU VERY MUCH.

DO WE HAVE ANY OTHER SPEAKERS? NO, WE DO NOT.

ANY QUESTIONS FROM COUNCIL? ANY COMMENTS? YES, MISS BURKHOLDER.

JUST COMMENTS OR QUESTIONS OR BOTH.

WHICH WOULD YOU LIKE? JUST I JUST HAVE A COMMENT, PLEASE.

THANK YOU. I THINK JUST THE ATTENTION TO DETAIL THAT YOU ALL PLACED ON WHERE THESE ARE GOING TO BE ALLOWED IN THE CITY.

AND REALLY, I'M THINKING ABOUT THE COST OF REAL ESTATE IN THOSE AREAS TOO, PROBABLY COST PROHIBITIVE FOR A BUSINESS LIKE THAT, BUT I JUST THOUGHT THAT THIS PRESENTATION IN OUR BRIEFING WAS JUST FANTASTIC.

AND I DON'T WANT TO HAVE TO DO THIS, BUT I THINK WE'RE IN GOOD HANDS WITH THE PARAMETERS THAT YOU SET.

SO THANK YOU VERY MUCH. HAPPY TO SUPPORT.

ANY OTHER COMMENTS? MOTION, PLEASE. I DO NEED TO TITLE YOU TITLE FOR TWO MORE WEEKS.

I NEED TO TITLE ORDINANCES.

THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.90, ADDING CHAPTER 8.95 AND REPEALING SECTION 5.040.160 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW NON STOREFRONT RETAIL MEDICINAL CANNABIS DELIVERY SERVICE BUSINESSES CONSISTENT WITH THE MEDICINAL CANNABIS PATIENTS RIGHT TO ACCESS ACT, ALSO REFERRED TO AS SENATE BILL 1186.

MOVE INTRODUCTION OF THE ORDINANCE AS RECITED BY THE CITY ATTORNEY.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

ITEM NUMBER FIVE, CITY MANAGER, PLEASE.

[5. AMENDMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZEN PARTICIPATION PLAN AND REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2024-25]

YES. ITEM NUMBER FIVE IS THE AMENDMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITIZEN PARTICIPATION PLAN, AND REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 24 AND 25.

[01:10:03]

MAKING OUR PRESENTATION TODAY IS OUR SENIOR PROGRAM MANAGER, NICOLE PIANO JONES.

THANK YOU, CITY MANAGER.

AND GOOD EVENING AGAIN.

MY NAME IS NIKOLE PIANO-JONES.

I'M A SENIOR PROGRAM MANAGER WITH THE HOUSING AND HOMELESS SERVICES DEPARTMENT AND PRESENTING ITEM NUMBER FIVE, WHICH IS RELATED TO OUR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. SO I'M JUST GOING TO PROVIDE A BRIEF OVERVIEW OF WHAT WE'LL BE DISCUSSING, WHICH IS A SLIGHT BACKGROUND ON THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, WHICH IS KNOWN AS CDBG FOR SHORT.

AND THEN WE'LL GO OVER TWO OF THE OF THE TOPICS COVERED IN THE AGENDA ITEM, WHICH IS AN AMENDED CITIZEN PARTICIPATION PLAN AND A FISCAL YEAR 2024-25 FUNDING PLAN.

SO, BY WAY OF BACKGROUND, THE CITY OF CARLSBAD IS AN ENTITLEMENT GRANTEE, WHICH RECEIVES FEDERAL FUNDING ON AN ANNUAL BASIS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

THE CDBG PROGRAM WAS DEVELOPED TO ASSIST LOCAL COMMUNITIES, PROVIDE DECENT HOUSING, SUITABLE LIVING ENVIRONMENTS, AND ECONOMIC OPPORTUNITIES FOR LOW INCOME RESIDENTS.

THERE ARE A NUMBER OF REQUIREMENTS THAT ARE PLACED ON THE GRANT FUNDING, INCLUDING THE PUBLIC PARTICIPATION IN THE PLANNING AND FUNDING PROCESS, AS WELL AS MAKING ANY AMENDMENTS TO OUR PLANS, WHICH IS WHY WE'RE HAVING THE PUBLIC HEARING TONIGHT.

SO THE FIRST TOPIC COVERED IN OUR AGENDA ITEM IS A ARE THE PROPOSED AMENDMENTS TO THE CITIZEN PARTICIPATION PLAN.